By Jiri Priban
Contributes to the sector of platforms thought of legislations within the context of ecu felony and political integration and constitution-making. This e-book places ecu legislative efforts and guidelines, particularly the european growth technique, within the context of criminal concept and philosophy.
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Additional info for Legal Symbolism (Applied Legal Philosophy)
Sample text
N. 5. 18 Legal Symbolism principles and values which might not be primarily enforceable by law, yet play an important role in the public discourse and operate as another reference to the systems of law and politics. ) elements present in the legal system, law is irreducible to the logic of political power. One can even ask a critical question: if law is politics, why do we still talk about law instead of talking purely about politics? Structural coupling between law and politics extended to the domain of morality finds its immediate expression in the concept of justice which is semantically extremely rich and closely linked to the moral concepts of virtues, values and ideals.
Rules and 4 H. , 1883) 26. 7 Legality can become a moral symbol. Similarly, the moral distinctions of good and bad often find their way into legislation and judicial decision-making. Unlike the self-referential interpretive use of the spirit of the laws, the external absolute reference to the spirit of the laws originally has moral meaning which is subsequently internalized by both the systems of law and politics. The spirit of the laws becomes a symbol of the timeless present of transcendental moral ideals.
Approaching the constitution from the legal perspective will reveal its political and moral meaning and vice versa. Every interpretation and contextualization initiates and reintroduces elements originally ignored. Constitutions are semantically rich and powerful texts which are neither a mere symbol of government nor a factual expression of pure normativity as suggested by adherents of the pure theory of law and legal normativism. They are not a merely symbolic ceremony disguising the political power operations which condition social behaviour and convert ideological principles into the sacred fundamentals of polity.